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Miyares: Va. school boards must adhere to new trans, nonbinary student guidelines

Districts in Northern Virginia have defined rules

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Virginia Attorney General Jason Miyares on Thursday said school boards must adhere to the state’s new guidelines for transgender and nonbinary students.

Miyares in a letter to Republican Gov. Glenn Youngkin said the guidelines “comply with the Equal Protection Clause, Title IX and the VHRA” (the Virginia Human Rights Act) and “local school boards are required to adopt policies that are consistent with them.”

The Virginia Department of Education last month released the new guidelines.

One section states “schools shall defer to parents to make the best decisions with respect to their children.”

“Parents are in the best position to work with their children and, where appropriate, their children’s health care providers to determine (a) what names, nicknames and/or pronouns, if any, shall be used for their child by teachers and school staff while their child is at school, (b) whether their child engages in any counseling or social transition at school that encourages a gender that differs from their child’s sex, or (c) whether their child expresses a gender that differs with their child’s sex while at school,” it reads.

Another section notes “schools shall keep parents informed about their children’s well-being.”

“To ensure parents are able to make the best decisions with respect to their child, school personnel shall keep parents fully informed about all matters that may be reasonably expected to be important to a parent, including, and without limitation, matters related to their child’s health, and social and psychological development,” it reads. “Parents’ rights are affirmed by the U.S. Supreme Court that characterized a parent’s right to raise his or her child as ‘perhaps the oldest of the fundamental liberty interests recognized by this court.’ Troxel v. Granville, 530 U.S. 57, 65 (2000). This requirement is, of course, subject to laws that prohibit disclosure of information to parents in certain circumstances including, for example, Code of Virginia § 22.1-272.1(B) (prohibiting parental contact where student is at imminent risk of suicide related to parental abuse or neglect.)”

The guidelines further state “schools shall serve the needs of all students” and the Virginia Department of Education “is committed to working with school divisions to ensure a positive, safe and nurturing learning environment for all students.” 

“Each student’s individual needs should be taken into consideration by his or her school, and divisions should develop policies that encourage schools to account for these individual needs, with due sensitivity to the needs of other students and the practical requirements of the teaching and learning environment,” reads the guidelines. “Schools should attempt to accommodate students with distinctive needs, including transgender students. A team of appropriate school staff and other caregivers should collaborate with the student’s parents or with an eligible student to identify and implement such reasonable accommodations or modifications (if any), considering the resources and staff available in the school and school divisions, as well as the rights and needs of other students and of school staff.” 

The guidelines further state “single-user bathrooms and facilities should be made available in accessible areas and provided with appropriate signage, indicating accessibility for all students.” 

“To ensure that all students have access to a learning environment in which they feel comfortable and safe, where state or federal law requires schools to permit transgender students to share otherwise sex-segregated facilities (such as bathrooms or locker rooms) with students of the opposite sex, parents should be given the right to opt their child out of using such facilities, and the child should be given access to alternative facilities that promote the child’s privacy and safety,” reads the guidelines. “Eligible students should be given the same right to opt out.”

Arlington County Public Schools, Fairfax County Public Schools and Prince William County Schools have announced they will not implement the new guidelines. NBC Washington on Thursday reported Miyares’ opinion is “nonbinding.”

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Virginia

Va. officials investigate Loudoun County schools over trans student in locker room

Boys’ complaints prompted LCPS to investigate them for Title IX violations

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Governor Glenn Youngkin and Attorney General Jason Miyares on Tuesday announced they have launched an investigation into how Loudoun County Public Schools has handled the case of three male high school students who complained about a transgender student in a boys’ locker room.

One of the boys’ fathers told WJLA that Loudoun County public schools launched an investigation into whether his son and the two other boys sexually harassed the student after they said they felt uncomfortable with their classmate in the locker room at Stone Bridge High School in Ashburn.

“He was questioning why there was a female in the males’ locker room,” the father told WJLA. “And other boys were uncomfortable [with a female in the boys’ locker room].”

“There were other boys asking the same question,” he added. “They [LCPS] created a very uncomfortable situation. They’re young, they’re 15 years old. They’re expressing their opinions, and now they’re being targeted for expressing those opinions.”

WJLA notes Loudoun County public schools allows students to use bathrooms and locker rooms based on their gender identity. The father who spoke with WJLA said Loudoun County public schools should reverse the policy and dismiss the Title IX complaint it has brought against his son and the two other boys.

The Richmond-based Founding Freedoms Law Center is representing the boys and their families.

“It’s deeply concerning to read reports of yet another incident in Loudoun County schools where members of the opposite sex are violating the privacy of students in locker rooms,” said Youngkin in a statement that announced the investigation. “Even more alarming, the victims of this violation are the ones being investigated — this is beyond belief. I’ve asked Attorney General Miyares to investigate this situation immediately so that every student’s privacy, dignity, and safety are upheld.” 

 “Students who express legitimate concerns about sharing locker rooms with individuals of the opposite biological sex should not be subjected to harassment or discrimination claims,” added the Republican.

The Virginia Department of Education in 2023 announced the new guidelines for trans and nonbinary students for which Youngkin asked. Equality Virginia and other advocacy groups claim they, among other things, forcibly out trans and nonbinary students.

The U.S. Department of Education’s Office of Civil Rights in February launched an investigation into whether Loudoun County and four other Northern Virginia school districts’ policies in support of trans and nonbinary students violate Title IX and President Donald Trump’s executive order that prohibits federally funded educational institutions from promoting “gender ideology.”

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Va. LG opposed marriage equality affirmation bill in handwritten note

Winsome Earle-Sears constitutionally required to sign HB 174 as Senate president

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Virginia Lt. Gov. Winsome Earle-Sears speaks at CPAC in 2023. (Washington Blade photo by Michael Key)

Virginia Lt. Gov. Winsome Earle-Sears last year in a handwritten note indicated her opposition to marriage rights for same-sex couples when she signed a bill that affirmed marriage equality in the state.

Brandon Jarvis of Virginia Scope on May 1 published Earle-Sears’s note on House Bill 174, which state Del. Rozia Henson, a Prince William County Democrat who is gay, introduced.

The Virginia Senate passed HB 174 by a 22-17 vote margin, and the state constitution required Earle-Sears to sign it as the chamber’s president. Republican Gov. Glenn Youngkin signed the measure into law after it received bipartisan support.

“As the lieutenant governor, I recognize and respect my constitutional obligation to adhere to procedures set out in the constitution of Virginia,” wrote Earle-Sears in her note. “However, I remain morally opposed to the content of HB 174 as passed by the General Assembly.”

Earle-Sears, a former U.S. Marine who served in the Virginia House of Delegates from 2002-2004, in 2021 became the first woman elected Virginia’s lieutenant governor. Activists have criticized her for her opposition to LGBTQ rights in Virginia.

She sparked controversy last year when she misgendered state Sen. Danica Roem (D-Manassas), who is transgender, on the Senate floor. Earle-Sears has also spoken at the Conservative Political Action Conference.

Earle-Sears is running to succeed Youngkin as governor once his term ends in January 2026. She will likely face former U.S. Rep. Abigail Spanberger, a Democrat who previously represented Virginia’s 7th Congressional District.

John Reid, a conservative talk show host who is openly gay, last month secured the Republican nomination to succeed Earle-Sears as lieutenant governor. Youngkin has called for Reid to end his campaign amid reports that he posted “pornographic content” on social media.

Reid has strongly denied the reports.

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Youngkin calls on gay Va. GOP LG candidate to exit race over alleged ‘porn’ scandal

John Reid denounces ‘fabricated internet lie’ as anti-gay smear campaign

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John Reid (Photo courtesy of John Reid)

Less than a week after John Reid, the conservative gay radio talk show host from Richmond secured the Republican nomination for the office of lieutenant governor in Virginia, sensational allegations have surfaced, which he strongly denies, that he allegedly posted pornographic photos on social media.

According to the Virginia Mercury newspaper, the allegations surfaced when Virginia Gov. Glenn Youngkin’s office released a statement saying Youngkin contacted Reid on Friday, April 25, and asked him to withdraw his candidacy over reports that a social media account with Reid’s username included “pornographic content” that was “shared” with others.

“The governor was made aware late Thursday of the disturbing online content,” the Virginia Mercury quotes a Youngkin spokesperson as saying. “Friday morning, in a call with Mr. Reid, the governor asked him to step down as the lt. governor nominee,” the spokesperson is quoted as saying.

Reid responded to the allegations in an early Friday evening video he posted on his campaign’s Facebook page, calling the allegations “a totally fabricated internet lie” motivated by anti-gay bias.

“I can tell you that’s not my account and anyone on the internet can open accounts with the same or similar names as other people,” he stated in his video. “It’s predictable,” he added.

“But what I didn’t expect was the governor I have always supported to call and demand my resignation without even showing me the supposed evidence or offering me a chance to respond,” Reid states in his video.

He said he will not drop out of the lieutenant governor’s race and called the allegations against him just the latest in what he said was an ongoing effort by some in the Republican Party, especially conservative Christians, to force him out of politics.

“Let’s be honest,” he said. “it’s because I’m openly gay. And I have never backed down to the establishment, and will not,” he continued in his video message. “What happened today is another coordinated assassination attempt against me to force the first openly gay candidate off of a Virginia statewide ticket.”

Reid added, “It’s shameful, and I won’t back down, even though I know the plan is for the attacks to continue in this overt effort to make me toxic.”

Reid secured the GOP nomination for lieutenant governor last week after his only rival in the Republican primary, Fairfax County Supervisor Pat Herrity, dropped out of the race for health reasons.

By securing the nomination Reid became the first known openly gay candidate, Republican or Democrat, to be nominated for a statewide office in Virginia.

In an interview with the Washington Blade earlier this week Reid pointed out that he came out as gay in 1996 or 1997 on National Coming Out Day in his role as TV news anchor in Richmond, where he worked for 10 years.

Following that, Reid worked as a radio talk show host for the next eight years, promoting his ideas as a gay conservative Republican, up until shortly before he announced his candidacy for lieutenant governor, he told the Blade.

Reid’s video responding to the accusations against him can be accessed here.

Reid’s campaign website and statements he has released to the media acknowledge his status as a gay candidate but point out he has a long record of support for conservative Republican positions on a wide range of issues that are against the positions of most mainline LGBTQ rights organizations.

“I’m not a diversity hire,” he stated in a press release issued at the time he announced his candidacy in January. “I’m the most conservative and proven candidate running, and I’ve boldly stood up for our beliefs in a way that should make my personal life a total nonissue,” he stated.

A statement on his campaign website states “John is uniquely positioned to take the fight to the radical progressives head on as he continues his fight against boys in girls’ sports and the extreme trans agenda being forced upon our children.”

His campaign website statement on transgender issues concludes by saying, “And we must be blatant in saying that it is factually impossible for biological men or women to personally decide to change their gender. John believes in the right for grown adults to live their lives as they see fit, but not if they impose restrictions and obligations on others and not if any of their behavior sexualizes or grooms children.

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